How to File a Car Accident Claim in California
After a crash, it is not always clear who to file with or how to start. Understanding the basics — and a few common mistakes — helps you protect your claim from the beginning.
First-party vs. third-party claims
A 'third-party' claim is against the at-fault driver's insurer; a 'first-party' claim is with your own insurer, for coverage like collision, MedPay, or uninsured motorist. Many crashes involve both, and knowing which coverage applies helps you use everything you paid for.
Report promptly, but be careful what you sign
Report the crash to your own insurer promptly, as most policies require. But be cautious about giving a recorded statement to the other driver's insurer or signing anything before you understand your claim — early words and signatures can limit your recovery.
Common early mistakes
The frequent missteps are delaying medical care, downplaying injuries, accepting a fast offer, and giving a broad recorded statement. Avoiding these early keeps your options open as the full picture of your injuries develops.
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Frequently asked questions
Whose insurance do I file with after a crash?
Often both — a claim against the at-fault driver's insurer, and possibly a claim with your own for coverage like MedPay or uninsured motorist. Knowing which applies helps you use everything you paid for.
How soon do I need to report the accident?
Report it to your own insurer promptly, since most policies require it. Be more cautious about the other driver's insurer — reporting is fine, but avoid recorded statements or signatures before you understand your claim.
What mistakes should I avoid when filing?
Delaying care, downplaying injuries, taking a quick offer, and giving a broad recorded statement are the common ones. Avoiding them keeps your options open as your injuries develop.
California law — what people ask
How long do I have to file an injury claim in California?
Generally two years from the date you were hurt. If a government entity is involved — a city vehicle, a public road, a public hospital — you usually have to present a formal claim to that agency within roughly six months before you can sue at all, which catches people out far more often than the two-year date.
Can I still recover if I was partly at fault in California?
Yes. California uses pure comparative negligence, so your recovery is reduced by your percentage of fault rather than barred — even if your share turns out to be the larger one. There is no cutoff percentage that ends a claim here.
Does California cap what I can recover?
Not in an ordinary injury case. Medical-malpractice claims are the main exception, where non-economic damages are limited by a cap that steps up over time. For most claims — car crashes, falls, defective products — there is no statutory ceiling.
What if more than one person was responsible?
California splits the analysis: defendants can be jointly responsible for your economic losses such as medical bills and lost income, while non-economic damages like pain and suffering are apportioned to each defendant by its own share of fault.
The driver who hit me had no insurance. What now?
Your own uninsured or underinsured motorist coverage is usually the answer, and it commonly applies to hit-and-run collisions as well. Check every policy in the household, not only the one covering the car you were in.
Will the jury hear that my health insurance paid my bills?
Generally not. California follows the collateral source rule, so a wrongdoer does not get credit for insurance you paid for. How your medical damages are measured is a separate and often contested question.
Injury law in California
California injury law shapes your case in a few specific ways worth knowing early.
- Filing deadline: You generally have two years from the date of the injury to file — and only about six months to put a government entity on notice before you can sue.
- Fault: California follows pure comparative negligence, so you can still recover even if you were partly — or mostly — at fault, with your recovery reduced by your share of the blame.
- Damage caps: An ordinary California injury case has no cap on damages; medical-malpractice claims are the main exception.
- Uninsured drivers: California sets minimum auto-insurance limits and uninsured/underinsured-motorist rules that affect what coverage is available.
Related car accident types
California injury law
This is general information about California injury law, not legal advice. Every case is different.
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